Yesterday Texas and six other states filed a lawsuit against the the Trump administration over the Presidents’ failure to terminate DACA (Deferred Action for Childhood Arrivals); an Obama-era program created through ‘executive action’ that allowed work permits and legal status for hundreds of thousands of illegal aliens brought to the U.S. as children.

Texas Attorney General Ken Paxton filed the lawsuit in U.S. District Court in Brownsville on Tuesday; asking the court to rule on whether President Obama’s 2012 decision to grant deportation protections and two-year work authorizations to young undocumented immigrants — without congressional approval — was lawful.

A similar program in 2014 known as DAPA (Deferred Action for Parents of Americans) was ruled unconstitutional in 2016. However, the first executive action, ‘the DACA policy’, has never been challenged in court.

Today, a judge was assigned by random draw for the DACA case, and universal karma has come full circle with the outcome. Federal Judge Andrew Hanen was drawn as the presiding judge for the DACA challenge.

It cannot be overstated how significantly damaging that judicial draw is to the activist groups who are trying to support the Obama Executive Action. Judge Andrew Hanen was the original judge on the 2015 DAPA challenge.

Not only was Andrew Hanen the federal judge in the prior DAPA challenge, but Hanen was specifically furious at the gross misconduct by the Obama DOJ during the prior legal proceedings. Hanen wasn’t a little bit angry at the DOJ, he was FURIOUS (see here).

During the 2015/2016 DAPA proceedings, the DOJ lied -numerous times- to Hanen’s court; and at the conclusion of the SCOTUS ruling (supporting the Hanen rulings), Judge Hanen demanded that all of the DOJ lawyers attend ethics classes – and lambasted Attorney General Loretta Lynch for allowing such gross ethical misconduct.

Additionally, Judge Hanen is an incredibly brilliant judge when it comes to writing opinions that cannot be rebuked by appellate courts or even SCOTUS. In the 2015 DAPA case Hanen specifically waited to see how a Mississippi appeals court ruled on a tangential aspect to his case before writing his ruling. As a result the 5th CCA could not overrule his decision. –BACKSTORY HERE–

Texas -vs- DACA drawing Judge Hanen also means the immigration activists in congress will now have to work on legislating a solution. Nancy Pelosi and Chuck Schumer scored a big loss today:

WASHINGTON – Texas has already caught its first break in its new lawsuit to stop the Obama-era DACA program, after the case was assigned to U.S. District Judge Andrew S. Hanen.

A Republican appointee to the bench, Judge Hanen has already ruled against a similar deportation amnesty in 2015. And during that case he expressed skepticism about DACA itself, saying it seemed to stray beyond the bounds of discretion then-President Obama had claimed in setting up the program.

Judge Hanen, whose courtroom is in southern Texas, was one of the first to spot to surge of illegal immigrant children headed to the border in 2013 — a surge which crested in 2014 with the UAC wave that overwhelmed the Obama administration, and whose repercussions are still being felt today with the latest caravan of illegal immigrants.

He will now oversee the latest in an ever-expanding and complicated legal battle over DACA, which Mr. Obama created in 2012 to grant tentative legal status to illegal immigrant “Dreamers.” DACA was controversial from the start, and President Trump attempted to phase it out. (read more)

Ah, Brownsville, Texas. I read years ago that pregnant Mexicans crossed into that territory over the border to give birth, leave the states and go home……AFTER registering the newborn and leaving a post office box address to receive the checks each month; they probably just had someone, a family member/friend send the check to them each month.

Of course. The baby is a citizen, child of an indigent parent. Probably qualifies for all kinds of government support – especially if you know to lie on the forms and the Dems running the free handout program don’t check up on anyone with a Hispanic name.

If the child is a US citizen, the parents apply for WIC, food stamps, support, ad nauseum. I keep telling people (and having grown up in S. TX), Mexicans will take whatever free sh*t you give them, feel entitled to it, never feel that they have any moral obligation to meet the conditions of getting the free sh*t, and never feel that they are stealing. Just like lefties…. Birds of a feather.

I live in Colorado and in our community of 40,000 people I know an illegal couple whose physically handicapped son (10 years old) receives $1,400. per month for being permanently disabled, and $500. per month in SNAP (food stamps). I’m not sure if he gets the bulk of the money from SSI or another program.

The poster greatly simplified the facts. They actually had to stay long enough to register for all of the Welfare, and child support benefits that an American child can get if the family is very poor … then went home, and waited for the checks. Hundreds of thousands do it. Eventually, because they won’t pay the hospital bills for the birth either … many hospitals along the border have closed. Do your research, it has happened a LOT!

They also “share” their children at income tax time. The IRS has NEVER checked the SS numbers of children born in the U.S., who are the children of “illegal immigrant parents.” This is BIG in Colorado!

Having a baby in the US if you are illegal means no hospital bill. A check every month for the baby, food stamps, free medical care until the baby is 85 yrs old. Free day care, free lunches when in school, in some states free college. WIC for baby food. Most parents use the ER for Dr. visits because that is paid for. That is why our ER’s are so backed up and our hospital bills are so high. This has been going on for at least 15 yrs or longer, but if you do not pay your hospital bill, they can take your house away. They tried to do that to my sister.

Yes. Illegals do not pay their hospital bills or medical md visits. Zero. American citizens pay the freight.The illegal’s just change their name to a different alias every time they seek care. No matter the age.

Time to eliminate anchor babies. At least one parent should be US citizen and other parent should be here legally in order for baby to be citizen. Either that or put machine gun turrets on top of the wall and issue the command Fire at will. Bet that would cut down on it. Border states should have to verify status of child AND parents before any freebies given. No name da father, no gettie da money/been-e-feets!!

You think that’s bad. In the UK the government pays social security benefits to extended families still in Iran/Iraq/Somalia if there relative has been granted leave to stay in the UK, and worse, a Muslim can also claim for his MANY wives. Muslims also get free property in the UK. How? They aren’t allowed a mortgage on religious grounds (usury) so they call it rent. Because they call it rent the government pays for it. Yep, a FREE HOUSE!

Of course, Sandra – this is why we need to change the “anchor baby” laws. I read somewhere that the average illegal alien gets around $3500 – $5000 per month in government aid for one thing or another. Housing, school fees, food assistance programs, free legal advice – free medical care – the list goes on and on.

Yes but it’s actually worse than you know. When my daughter was in the Army down in Texas near the border she was REQUIRED to “volunteer” to help those anchor baby birthing homes. It really bothered her and infuriated me.

I live in Texas and there are houses that accommodate pregnant Mexican woman about to give birth. They fly here to Houston and put them up and after birth they take their American citizen child home back to Mexico. When they want to visit or live in America they use their citizen child as the ticket! This anchor baby nonsense needs to stop ASAP!

people keep saying their “American citizen children” but because the lib/commies and their GOPe allies have decided to treat them as such for the last 36 years does not in FACT make it so……the 14A actually PREVENTS non citizen “birthright citizenship” rather than allowing it……PDJT promised to address this during his campaign and this is yet another of those promises he made which are convenient to delay or forget

No speak English – no driver’s license.
No speak English – no housing.
No speak English – no welfare.
No speak English – no food stamps.
Sneak across the border but no speak English – BACK OF THE LINE.

The new lawsuit, with six other states joining Texas, did not directly seek to challenge what those other judges had done (Judge Hanen would have no authority to overturn those orders because they deal with the shutdown of DACA not its original form).

Instead, the 74-page lawsuit was aimed at DACA’s existence from its very beginning by the Obama Administration in June 2012, arguing that the program was always illegal under federal immigration laws and always was unconstitutional. A victory in the case, though, would potentially set up a conflict among federal judges that ultimately would have to be worked out by the Supreme Court.

The lawsuit contended that, in initiating DACA, President Obama violated the Constitution’s mandate that the president must carry out the laws that Congress enacts.

“If ever there was a violation of the President’s duty to ‘take care that the laws be faithfully executed,’ ” the lawsuit said, “this is it….Underlying DACA is a dangerously broad conception of Executive power.”

Texas has filed a motion for a preliminary injunction to halt DACA: https://t.co/xLpHU6JHZn You may be thinking, "Didn't the Trump administration rescind DACA?" Texas is arguing that because there are now court injunctions reviving the program, this new legal action is needed pic.twitter.com/7hEIvlqX33

2/ In its motion for a preliminary injunction, Texas asserts that there would be no conflict with rulings in CA and NY, because those challenges did not assert underlying 2012 DACA program, only document to rescind DACA https://t.co/BhdXxiH8OZpic.twitter.com/hy7stifvFW

1.No citizenship unless natural born or legally naturalized.
2. End the birthright citizenship for children born in the USA to non citizen parents.
3. Arrest and deport all illegal aliens regardless of how long they have been in the USA.
4. Build the wall.

For anyone using the 14th Amendment argument. A Question – if the 1868 passage of the 14th Amendment gave anyone born on American soil citizenship, why was the 1924 Native American Citzenship Act required? Afterall they were born here too.

Dual Citizenship and Decline
Although the Constitution of 1787 mentioned citizens, it did not define citizenship. It was in 1868 that a definition of citizenship entered the Constitution, with the ratification of the Fourteenth Amendment. Here is the familiar language: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Thus there are two components to American citizenship: birth or naturalization in the U.S. and being subject to the jurisdiction of the U.S. We have somehow come today to believe that anyone born within the geographical limits of the U.S. is automatically subject to its jurisdiction. But this renders the jurisdiction clause utterly superfluous and without force. If this had been the intention of the framers of the Fourteenth Amendment, presumably they would simply have said that all persons born or naturalized in the United States are thereby citizens.

Indeed, during debate over the amendment, Senator Jacob Howard of Ohio, the author of the citizenship clause, attempted to assure skeptical colleagues that the new language was not intended to make Indians citizens of the U.S. Indians, Howard conceded, were born within the nation’s geographical limits; but he steadfastly maintained that they were not subject to its jurisdiction because they owed allegiance to their tribes. Senator Lyman Trumbull, chairman of the Senate Judiciary Committee, rose to support his colleague, arguing that “subject to the jurisdiction thereof” meant “not owing allegiance to anybody else and being subject to the complete jurisdiction of the United States.” Jurisdiction understood as allegiance, Senator Howard interjected, excludes not only Indians but “persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers.” Thus “subject to the jurisdiction” does not simply mean, as is commonly thought today, subject to American laws or American courts. It means owing exclusive political allegiance to the U.S.

The same kind of confusion that has led us to accept birthright citizenship for the children of illegal aliens has led us to tolerate dual citizenship. We recall that the framers of the Fourteenth Amendment specified that those who are naturalized must owe exclusive allegiance to the U.S. to be included within its jurisdiction. And the citizenship oath taken today still requires a pledge of such allegiance. But in practice dual citizenship—and dual allegiance—is allowed. This is a sign of the decline of American citizenship and of America as a nation-state.http://imprimis.hillsdale.edu/birthright-citizenship-and-dual-citizenship-harbingers-of-administrative-tyranny/

Lirking Lawyer here.
There is a complex, never tested at SCOTUS way to gut birthright citizenship without amending the 14th Amendment (whose intent was emancipated former slaves, not Mexican illegals).. What follows is deliberately a bit simplistic for brevity. 14th section 1 contains the clause, “and subject to the jurisdiction thereof”. Now, that was put there because accredited diplomats from foreign countries are expressly NOT subject to jurisdiction (example—they can only be expelled for crimes, not prosecuted) and so their children born here are NOT US citizens by birth.
So the argument is as follows. Illegal immigrants coming here to have anchor babies NEVER submitted to the jurisdiction of the US— because if they had done so, they would not have come here illegally in the first place.
Simplified, criminals do not submit to legal jurisdiction, almost by definition. Folks who submit to legal jurisdiction are nominally law abiding, again almost by definition.

Eliminating dual citizenship for (newly) naturalized citizens reduces the number of dual citizens. There would still be dual citizens born of US parents overseas in some countries, and dual citizens of one US parent and one foreign parent born in the US.

One of important aspect of natural dual citizenship is that it enables US dual citizens living in the US to hold assets or inherit ancestral assets overseas, usually land.

Interesting … so, according to the linked article, the author of the citizenship clause, Senator Jacob Howard of Ohio, is on the record as saying:

Jurisdiction understood as allegiance, Senator Howard interjected, excludes not only Indians but “persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers.”

i.e. the author explicitly states the clause excludes foreigners and aliens.

So if these babies are American citizens, that may well be ok. But until they turn 18, they are not allowed to seek any benefits on their own. Policy should say American benefits are intended for Americans only. Children can only be eligible for benefits IF the parents are also eligible. Undocumented parents (AKA illegals) should be deported and must come through the application process in order to re-enter. If the parents desire, the child can remain in the US but will be moved into a group Home and could be made available for adoption.

there is also a “citizen” category….anyone arguing this is calling the FFs ignorant because they included what was necessary in the US Constitution and their qualification for POTUS and now VPOTUS for a “natural born citizen” means this is different than a generic or naturalized citizen…..in fact NBC requires TWO citizen parents born ON US soil

Nope. Requires US citizen parents, but not to be borne on US soil (unless one parent isn’t a US citizen. My daugher was borne in Munich, was automatically a US citizen cause we got her US passport at the Munich US consulate immediately thereafter. My brother was borne in Tokyo Japan while my military father was deployed there during Korean War. Ditto.

There are treaties to establish nationality of the child born to foreign parents on US soil. The mischaracterizations and lawlessness operating in this issue are used to conceal that so-called anchor baby is probably born to the nationality of their father or mother, who cannot confer to the US citizenship. They are citizens of another government. This should all be settled by long-established treaties between nations. Mexican parents give birth to Citizens of Mexico, even when on foreign soil, per treaty.

As for the horde at the border, they are invaders. Citizens of foreign governments attempting to unlawfully infiltrate. They are not immigrants.

The typical media rhetoric paints a political emotion these are lost souls abandoned without a nation or a home — a BIG LIE.

If only Sean Hannity could get the terminology right. These organized infiltrators are already some other nation’s citizen. The rhetorical battles can’t be won when the Hannity’s cede to the adversary a non-use of terms that must be used and become commonplace in order to prevail politically.

These two videos seem to say it all…
First one is DeLeon admitting they are felons, but then saying they are law abiding ????(hey we were really poor growing up & NOTHING excuses breaking the law.).

Then Trey who puts laws and reason for obeying them in very simple language. (was noticing that is not just illegals breaking many laws, but in re-listening to it I see where the FBI is way overstepping our laws…As Trey says, “if you weaken the law, you weaken it forever”

Thanks for the post. As Trey says, “if you weaken the law, you weaken it forever”. This is the same thing we see at the local government when debating Zoning Code. Whenever a local community allows a single variance to a local Zoning Code…the Code is weakened and in time becomes useless. Witness the devastation done to Zoning Codes in states like Colorado, etc. The US Law, in this case, should not be a ‘breathing, changing Law’…it will be become so watered down…it will have have lost the essence of being ‘law’.

My question is when is any state going to sue the Legislature (Ryan’s “Better Way DACA plan” Cruz with Teddy Bear welcomes, all the Demoncrats) for aiding and abetting lawbreakers in the first place with their funding of illegals, using OUR money?

“Today, a judge was assigned by random draw for the DACA case, and universal karma has come full circle with the outcome. Federal Judge Andrew Hanen was drawn as the presiding judge for the DACA challenge.”

As Otto von Bismarck said, God watches over drunks, idiots, and the United States of America.

AG Sessions’ announcement to surge Prosecutions
• Assistant U.S. Attorneys to the border
• Supervisory Judges to the border

How Prosecutions can make a YUGE dent in continued crossings:
• Last-in First-Prosecuted prioritization
… recognizing that 98% of those “awaiting proceedings” never show up
• Meaning that New Illegals GO DIRECTLY to JAIL!

They’ve been taking people out of vetting “refugees” and sending them to the border instead, to work on OUR countries issues and backlogs. The refugee program is at a dribble. Record lows this year. Lotta’ whiners. Allegedly charities. Paid headhunters is what they really are.

What I want to know is why taxpayers have to help fund groups that turn our laws inside out like the people in charge of the caravan? Why are they a U.S. non-profit? Why do we continue to give all of these subversives special handling?

Strange I was just wondering about that when a question about Planned Parenthood came up..
We seem to support all these groups that in turn give aid to Non-Americans, non-American criminals actually..
What I found interesting is that most of these groups, even PP in turn give monies to various politicians for campaigns & ???. Strange cycle.

EXACTLY. We should give tax non-profit status ONLY to those groups who support U.S. citizens. If you want to be a global social justice warrior, do it with your own money. U.S. taxpayers should never support these people’s endeavors tax free. It is ridiculous and a slap in the face for every single subversive entity.

We need a law that says any NGO or Non-Profit that receives Federal or State Funding will FORFEIT its non-profit qualification and will be AUDITED, including the organization, its management and its board of directors.

This “conflict” between DISTRICT Fed Courts, from CA/NJ/NY/HI and now TX is going to be one of the most magnificent legal battles of this century …. This is what happens when you have District level courts making injunctions and orders like they were GOD or similar….ie: nationwide, worldwide, hell, most likely galaxy”wide”…. There are so many CCA’s involved, ie: more than 3 now, this seems to beg a visit to THE SUPREME COURT to unfrick the fricked….. The “little points” about EO of formation vs EO/Memo to defunk it….ie: who’s or which chunk of paper is being pointed at just lays open another level of conflict… It would seem that “formation level document” should “trump” (lowercase on purpose) those others only pointing at an “eviction notice level” doc.

Suffice to say…this is going to be one fine junk-yard dog fight…. get your popcorn and that long-neck Lone Star….pull up a stump….the shows about to start — I can hear the old steam organ firing up down on the river… Gonn’a be a hot time in the ‘ol town tonight…yessseerrrr-re!
Check-6

Judge Nappy doesn’t like this. He thinks Congress should fix it. Why fix what isn’t legal in the 1st place. They had their chance. Plenty of them. The President gave them a deadline and ended what was an unconstitutional and illegal program. PERIOD.

Nappy seems to relish delivering “this is bad for Trump” news … news about all the ways PDJT and all of us can be screwed to the moon and back according to the law as Nappy interprets it. He’s absolutely gleeful at times, telling his interviewer how screwed we all are. I’ve really grown to detest him and that maniacal laugh of his.

Congress doesn’t want to do anything about it, and…any power not granted to the federal government goes to the states.
So…what do you do when you have a stinky EO left over from a former president, but you need to avoid the whole “Trump is ruling like a king!!!!!omgHitlerStalin!!!!” insanity because you don’t want to 1)jeapordize your party’s midterm chances; 2) give your quisling party an out right before midterms — a midterms that many of them seem desperate to throw?
Why, you go by the rule of law, and show that your are the most lawful and transparent president ever!
Meanwhile, more citizens are waking up to the illegal issue — thanks largely to this caravan stunt. 😉

In the meantime, you can create a clog of illegals on the Mexican side — much to the chagrin of the Mexican gov’t. — and you get the citizens asking some very pointed questions of their duly elected congressmen, which definitely needs to happen (that’s were we, common citizens, come in).

“A similar program in 2014 known as DAPA (Deferred Action for Parents of Americans) was ruled unconstitutional in 2016. However, the first executive action, ‘the DACA policy’, has never been challenged in court”

Don’t be disingenuous, WHY was it never challenged in court? It was set to be argued before Sessions intervened and saved DACA. And Yes, it’s still currently in effect. So basically, all this thread is saying is that we are back to step one. Will Sessions step in again and promise to “handle it” if the lawsuit is dropped?

I hadn’t ever closely read Hanen’s “sanctions” ruling; all I remembered was that, like Sundance said, you could easily feel Hanen’s anger in his words. But I just now read it more closely, and one thing I found hilarious was the NUMBER of ethics violations (LIES) he accused the DOJ of committing. “Over 100,000” !! This guy counted each and every DACA applicant who had come into the system during the time period when the DOJ claimed nothing was going on… no applications being accepted. But there were, in fact, over 100,000 during that time. So Hanen considered each and every one of them a LIE by DOJ.

Wow… how cool would it have been if he had found the lawyers in contempt. He could then have handed down a token punishment, say ONE HOUR in jail. For EACH “violation”. So… there are about 8,700 hours in a year… SO… each of the DOJ lawyers gets about 11 YEARS!

“It cannot be overstated how significantly damaging that judicial draw is to the activist groups who are trying to support the Obama Executive Action.”

__________________

It likewise cannot be overstated how terribly sad it is, that ours is NOT a system of Law applied evenly and fairly to everyone, predictably, according to what the Law actually says.

Instead, ours is a system where the Law could mean what it says, or the Law could mean nothing at all, depending on what judge you get, because each judge does what is right in his own eyes — one follows the Law and the other follows Marxist ideological outcome-based doctrine — which is CHAOS.

And chaos is EXACTLY what the 5th column LEFTISTS want.

It’s by design.

McCarthy tried to root them out 60 years ago, but the population was easily overpowered by propaganda from the Leftist media.

We need McCarthy on STEROIDS to eradicate the utter LAWLESSNESS that has become COMMONPLACE in our country.

I got physically ill seeing Sessions trying to speak on this issue. His limited attention being spent (un necessarily) here rather than bringing Criminal Clinton to trial says it all about this walking, mumbling, disaster of a politician. He can barely read outloud, yet the Rule of Law is in his hands. He should be firing Rod Rosenstein today. He should be calling Huber and demanding Indictments. How pathetic our nation of Laws has become to tolerate this idiot.

I still wouldn’t bet one way or the other on what Sessions is up to with the conspiracy stuff. All I can do is HOPE he’s doing the right thing behind the scenes. And as for all the other stuff he’s been involved in, I’m at least thankful that he apparently has been neutered in his seeming obsession with marijuana. Trump recently declared the feds would NOT interfere with whatever individual states decide. So Jeff’s dream of 24/7 MJ raids is no more. 😉

exactly. To watch him chasing pot smokers instead of the high level criminal traitors in DC was/ is so maddening. Watching him doing similar kubaki while real work vital to our nation remains undone is beyond disheartening — it’s dereliction, it’s cover up through inaction, it’s complicity in Conspiracy to Obstruct Justice.

Learning that Judge Hanen will oversee these seven states’ DACA cases is the very best news I have heard about DACA. It is just desserts. It’s about time for some more sweet justice after seeing the no justice yet for the Swamp. Don’t mess with Texas and don’t mess with Judge Hanen. Giddy Up Go!

To those of us who around, and who have followed all that SD has investigated and analyzed for the years since the Trayvon Martin debacle, Judge Andrew Hanen is a hero. His being assigned this matter is excellent news.

Those who have doubts are seriously underinformed. Not a good look around here.

Thank God something is going right. it is so sickening to see these corrupt swamp people still in their jobs and still doing damage to the USA. how many “Moles” do you Obama has right now? he’s been doing it for years and I’ll bet he last 2 months they spent an awful lot of time thinking about that. what a shame it takes a federal case to solve this. anyone with even a little common sense knows it is illegal and immoral to allow all these people in to this country. we have are own poor that need help and they are being screwed over by these people. these illegals are like Cancer.

America MUST DO MORE to halt illegal infiltration (let’s stop calling it immigration because it is an invasion of America and other nations), it’s ILLEGAL INFILTRATION by foreign nationals with the intent of diluting a predominant culture and destroy it from within while defying ANY form of civil assimilation. INFILTRATION – the action of entering or gaining access to an organization or place surreptitiously, especially in order to acquire secret information or cause damage. What’s coming across the borders is civil unrest, assassinations for hire and Sharia law like http://thoughtcrimeradio.net/2016/06/white-girls-circumcision-in-saudi-arabia/ .